Ipo Dear?

HEADACHE

Hi

Im only a few weeks away from BR discharge :j

My trustee sent me an IPO but the figures are wrong as its based on last years income.Since then my income has dropped,im in mortgage arrears and am finding things very very tight.Basically I dont have any surplus income,ive written back telling him this.

Will he force me into court? I havent heard from him for over 3 weeks an dont want to write to remind him of the situation.

Im only 2 weeks from discharge,is it too late for him to force me into court to try and suspend my discharge?

What can he do?

Thanks in advance:T

peachyprice

He can't suspend your discharge, you've done nothing wrong. He could try to get you to court before you're discharged to get the judge to agree to an IPO, but if a date hasn't been set by now it's unlikely they'll get one within 2 weeks. To be honest, I think they were just trying it on, I doubt they'll want to go before a judge to prove you have enough surplus for an IPO when clearly you haven't.

HEADACHE

Many thanks for your swift reply.

Trustees are only interesting in a bankrupts assets and im self employed so have no salaried income or contract of employment.The feeling I get is that he doesnt want to spend anymore money on my case.

Also,can he have the IPO processed in court without it being signed by me?
Can he write to the OR moaning that I havent signed an IPO?
What sort of timelines would he have if he applied to the court tomorrow to get an IPO approved? would I have to attend a hearing?

Thanks.

peachyprice

No they cannot go to court without you, you have a right to present your objections to a judge.

I guess it would depend on how busy the courts are as to when they would be able to get a hearing, so it's hard to say.

blind-as-a-bat_2

HEADACHE, do me a favour check the IS site and make sure your discharge has not been suspended...now


Im sorry peachy, but failing to agree to an IPA CAN be a reason to suspend discharge in some situations.

But if if they have not suspended it yet, it may be too late now

HEADACHE

Hi BAAB,its an IPO not an IPA.Ive checked the IS site and its not suspended.My trustee is not the OR but an independent one.
I wrote back to them about 4 weeks ago telling them to change the figures which will mean they wont get any money monthly.Ive heard nothing since and theres only about 2 weeks til discharge.Ive got bank statements to backup my low income too.Will the trustee really want to spend money on a court hearing to get me into court? Am I free yet?

skylight

IPA and IPO are the same thing. One is an Agreement and the other is an Order. You get an IPO if it has to go to court and the court orders one to be paid. The paperwork from ORs and stuff state IPO though.....

Anyway, when you replied to the trustee, did you confirm the change in writing and send it recorded delivery?? Just so that you can prove they got it? If not, do it again tomorrow.

As to whether or not they want to take you to court, its unlikely. But you never know.

JCS1

If they do go to court to get s suspension of discharge (SOD) so they can look to apply an IPA/IPO they have to give you written notice of x number of says. As only 2 weeks to go, I'd be tempted to keep a low profile until then and hope nothing arrives in the post.

Edit: If you read chapter 22.27, I read that as being they need to give you 21 days notice, so you may be in the clear:

http://www.insolvency.gov.uk/freedomofinformation/technical/TechnicalManual/Ch13-24/Chapter22/part4/part_4.htm

peachyprice

Yes, but only of you deliberately do not comply with an IPOQ request, which the OP doesn't seem to have, he has replied, perhaps not with what the IP wanted to hear, admittedly :rolleyes:

The court is obliged to give the OP 21 days notice of the hearing, so it's unlikely discharge has been suspended without him knowing.

blind-as-a-bat_2

JCS1 wrote: »

If they do go to court to get s suspension of discharge (SOD) so they can look to apply an IPA/IPO they have to give you written notice of x number of says. As only 2 weeks to go, I'd be tempted to keep a low profile until then and hope nothing arrives in the post.

Edit: If you read chapter 22.27, I read that as being they need to give you 21 days notice, so you may be in the clear:

http://www.insolvency.gov.uk/freedomofinformation/technical/TechnicalManual/Ch13-24/Chapter22/part4/part_4.htm

Thanks JCS1, saved me searching for it:D

Thats what i was hoping, that it was too late, but needed to check they had not slipped a suspension in, as Royal Mail do lose stuff;)

blind-as-a-bat_2

peachyprice wrote: »

Yes, but only of you deliberately do not comply with an IPOQ request, which the OP doesn't seem to have, he has replied, perhaps not with what the IP wanted to hear, admittedly :rolleyes:

The court is obliged to give the OP 21 days notice of the hearing, so it's unlikely discharge has been suspended without him knowing.

Just playing safe peachy, after the year i have had, trust that anyone follows the rules has gone out the window:rolleyes: